Terms and Conditions
2 Nothing in these Terms are intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created in terms of any applicable laws, including any consumer protection laws.
3. REGISTRATION AND SECURITY
3.1 In order to access the FarmTrace InField Platform and/or InField Services, you will be required to register a digital identity by completing a profile with details such as your mobile number, e-mail address and be requested to create a username and password. By continuing to access the website and/or FarmTrace InField Platform after successfully creating your digital identity, you automatically accept and are bound by these Terms. If you do not wish to accept these Terms, you will not be granted access to the InField solution. You warrant that you are authorized to and/or that your representatives have the necessary authority to access the FarmTrace InField Platform and/or procure InField Services.
3.2 Access will be granted to natural persons and juristic persons alike. Where a natural person is acting on behalf of a juristic person, each individual person shall be required to register a separate profile and accept these terms and conditions. The applicable juristic person shall ensure that its representative have the necessary authority and shall immediately notify us in writing if an individual ceases to have the necessary authority to access the FarmTrace InField Platform and transact in relation to InField Services. We reserve the right to hold both any natural person and juristic person legally accountable under these Terms and will not be responsible for any losses incurred as a result of failure to notify us regarding changes in users from time to time.
3.3 Once you have successfully registered, for security purposes you will be required to enter your username and password each time to access the FarmTrace InField Platform and/or InField Services.
3.4 You must at all times keep secret your username and password and any other personal details relating to the log-in procedure (including any one-time PIN, other personal identification numbers, passwords, usernames or other digital identity codes ("Access Codes")) and you must take all reasonable precautions to prevent any unauthorized or fraudulent use of your Access Codes. If you do not keep your Access Codes safe, you give up any claim you may have against us for any loss or damage you may suffer because you have not kept them safe.
3.5 We confirm that we have reasonable security safeguards in place to protect your Access Codes and other personal or confidential information provided by you via this website, but you acknowledge that any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception or access by a third party, for which we will not be responsible.
3.6 You also acknowledge that (i) your Access Codes are for your exclusive use only; (ii) you will not share any Access Codes in relation to accessing the FarmTrace InField Platform and/or InField Services with a third party or record such details in any way that may result in them becoming known to a third party; and (iii) once the correct Access Codes have been entered and submitted to us, we will accept and process all instructions via the FarmTrace InField Platform on your behalf.
3.7 You must notify us immediately if you become aware of, or reasonably suspect any unauthorized access to or use of your Access Codes by contacting us at the contact details set out in clause 17.
4. INFIELD SERVICES
4.1 Once you have successfully registered, you may access the FarmTrace InField Platform and InField Services in conjunction with or via our authorized representatives and/or directly via this website.
4.2 In some cases, you will be given a demo or trial to assess the InField Services. These are provided on an "as-is" basis and shall be used by you at your own risk.
4.3 When you access the FarmTrace InField Platform, you assure us that your data provided, including your personal information is accurate, current and complete.
USE OF INFIELD PLATFORM AND INFIELD SERVICES
5.1 We hereby grant you a non-assignable, non-sub-licensable, non-exclusive license to access the FarmTrace InField Platform, and/or the InField Services.
5.2 By using or accessing the FarmTrace InField Platform, you undertake to refrain from the following conduct:
5.2.1 transmitting any worms, viruses, trojan horses, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the FarmTrace InField Platform and/or the InField Services, including by using any software, routine or device that will or may interfere with the tools, services and/or website, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
5.2.2. intercepting any data or personal information of any user or third party transmitted on or via the Platform;
5.2.3. uploading, posting, hosting, or transmitting unsolicited email, SMSs, or ‘spam’ messages;
5.2.4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the FarmTrace InField Platform and/or this website;
5.2.5. posting content, taking or mobilising action using the FarmTrace InField Platform in a way that infringes or violates any person’s rights or the laws of any applicable jurisdiction;
5.2.6. utilising the Platform for any illegal or unauthorised purposes; and
5.2.7. violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
5.3 You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the FarmTrace InField Platform, InField Services, its contents, including any intellectual property therein, its design, any updates to the FarmTrace InField Platform and/or any proprietary features in relation to it, or any parts thereof. This prohibition extends to any and all content belonging to third parties that is found on the FarmTrace InField Platform and/or any content featured on the websites which are accessed via links that are found on this website. You may not sub-license such third party content, including intellectual property rights associated with such third-party content.
5.4. You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise (collectively referred to as "linking"), or any other reference, to this website.
5.5 You acknowledge that (i) we will not be responsible for any mobile operator or service provider's network and/or Wi-Fi (wireless internet access) connectivity preventing or negatively impacting your access to the FarmTrace InField Platform; and (ii) your mobile network operator (cellphone service provider) or internet service provider may charge you separately for accessing and using the FarmTrace InField Platform and/or InField Services via a mobile network or Wi-Fi connection, and that you are solely responsible for such charges.
5.6 You acknowledge that the FarmTrace InField Platform and/or InField Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment (hardware) malfunctions, (b) software malfunctions, (c) periodic maintenance procedures or repairs which we and/or our third party service providers may undertake from time to time, or (d) causes beyond the reasonable control of us and/or our third party service providers.
5.7 We reserve the right to replace, change or discontinue any of the FarmTrace InField Platform and/or InField Services on reasonable notice to you and may also offer additional functionality and options as part of the FarmTrace InField Platform from time to time.
5.8 We also reserve the right to suspend your access to the FarmTrace InField Platform without notice in the event that we reasonably suspect that you are using the FarmTrace InField Platform and/or InField Services for any unlawful purpose and/or activity and/or whenever it deems such action necessary in its absolute discretion.
6. INTELLECTUAL PROPERTY
6.1 We, or our third-party licensors, own all intellectual property rights in and to the FarmTrace InField Platform and/or InField Services. Certain content available on this website and/or the FarmTrace InField Platform may include content belonging to third parties. We may provide links to third party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:TM Platform may include content belonging to third parties. We may provide links to third party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:
6.1.1. all content belonging to third parties on this website and/or the FarmTrace InField Platform; and/or
6.1.2. any content featured on the websites which are accessed via links that are found on the website.
6.2 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the FarmTrace InField Platform and/or InField Services and/or any intellectual property rights flowing therefrom.
7. DISCLAIMER OF WARRANTY
7.1. Other than where we have agreed in writing, we do not warrant that the FarmTrace InField Platform and/or InField Services will: (i) meet your personal, technical and/or financial requirements; (ii) function properly at all times; (iii) be reliable, always on time, secure, uninterrupted or error-free; and/or (iv) have all errors or defects corrected.
7.2. To the full extent allowed by law, we disclaim all warranties and conditions regarding the FarmTrace InField Platform and/or InField Services, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.
8. LIMITATION OF LIABILITY AND INDEMNITIES
9.1. You hereby indemnify us, our associates and third party service providers from any losses due to or arising out of your use of this website, FarmTrace InFieldPlatform and/or InField Services or your failure to comply to these Terms, except in cases of gross negligence or willful misconduct on the part of us or any of our employees, and in particular you indemnify us against losses arising from:
9.1.1. claims of any nature which may be brought against us or which we may suffer as a result of acting or failing to act on any instruction received from you in relation to the FarmTrace InFieldPlatform and/or InField Services;
9.1.2. any unauthorized interception or monitoring of the FarmTrace InFieldPlatform and/or InField Services;
9.1.3. any erroneous and/or unauthorized access and/or transactions entered into by your staff;
9.1.4. any unauthorized access (including but not limited to phishing) to the FarmTrace InFieldPlatform and/or InField Services;
9.1.5. claims related to a trial and/or demo product or service or following the end of the trial;
9.1.6. any breach of security or any destruction or access to your data;
9.1.7. including, but not limited to, indirect, incidental, consequential loss and damage caused by or arising from your use of or your inability to use the FarmTrace InFieldPlatform and/or InField Services;
9.1.8. your breach of these Terms, to the extent that you are allowed to give this undertaking in law;
9.1.9. any violation of any intellectual property rights by you; and
9.1.10. losses for unauthorized access to your confidential and/or personal information incurred as a result of the malfunction, failure or unavailability of the FarmTrace InFieldPlatform and/or InField Services, or any hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, or any other event beyond our control.
9.2. We will not be liable (including to any third party) for any damages for loss of profits or savings, loss of data, loss of revenue or other economic loss (whether direct, indirect or consequential), or for any other indirect, consequential, special, or punitive damages whatsoever and howsoever arising out of or related to any breach of these Terms.
10. YOUR PRIVACY
10.1. For information about data protection practices, please read the Privacy Policy which you can find on this website. This policy explains how we treat your personal information, and protect your privacy, when you use the FarmTrace InFieldPlatform and/or InField Services.
10.2. You agree that we may process your personal information in accordance with our Privacy Policy.
10.3. We acknowledge that you own your proprietary information, but you hereby grant us an irrevocable, perpetual, transferable and worldwide right to continue to capture and process anonymised data generated via the FarmTrace InFieldPlatform and/or InField Services.
11. SANCTIONS
11.1. You may not use the FarmTrace InFieldPlatform and/or InField Services if you are the subject of international sanctions or sanctions imposed by the governments of the country where you are using the FarmTrace InFieldPlatform and/or InField Services. You must comply with all applicable laws in relation to any sanctions or trade controls, including any export and re-export restrictions that may apply to FarmTrace InFieldPlatform and/or InField Services, including any software, technology, and services.
12. BREACH AND TERMINATION
12.1. We may stop you from using the FarmTrace InFieldPlatform and/or InField Services if you breach a clause of these Terms and do not remedy it within 5 (five) business days after we have asked you to. We may still take other steps available to us, including applying to court for an urgent interdict order against you.
12.2. Either party may cancel these Terms by giving 30 (thirty) calendar days' prior written notice to the other, except that we may suspend and cancel these Terms without prior notice to you on reasonable grounds when deemed appropriate.
13. CHANGES TO THESE TERMS
13.1. We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will give notice of and publish the amended Terms on this website and via the FarmTrace InFieldPlatform and/or InField Services. These amendments shall come into effect on the basis specified in the notice we provide of such proposed changes.
13.2. It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer use the FarmTrace InFieldPlatform and/or InField Services.
14. LAW AND JURISDICTION
14.1 You irrevocably agree that the laws of the Republic of South Africa shall govern your use of the FarmTrace InField Platform and/or InField Services and these Terms.
14.2 You agree that any dispute shall be referred to the South African courts, provided that any party can approach a court with the appropriate jurisdiction for urgent relief.
15. SEVERABILITY
15.1. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and be severed from these Terms, without invalidating the remaining provisions of these Terms.
16. DOCUMENTS AND NOTICES
16.1. We choose the addresses specified for the purposes of the FarmTrace InField Platform and/or InField Services at infield@farmtrace.co.za for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
17. CONTACT US
17.1. Should you wish to raise any questions, complaints or claims in connection with these Terms, you can contact us on infield@farmtrace.co.za.